US Immigration from Myanmar

This is not for me. I ve asked the couple in question to make an account on visajourney. I hope they do that. While it is a marginal case from the perspective of income, the petitioner does earn enough money but is having challenges proving it.

They received an RFE and did not respond with not everything asked for. The petitioner sent just sent a W-2, whereas the most recent federal tax return was asked for, as well as a new I-864. I believe implicit with that is that USCIS wanted pay stubs and an employment verification letter too.

Meanwhile the beneficiary got an EAD and SSN.

The denial says they were asked in the RFE to submit an I-864 from a joint sponsor, but the RFE did not say that. The petitioner does earn enough in 2021 so I don t think a joint sponsor would be needed.

They want to get a lawyer. Which if they can afford, I think they should do as this would be their third attempt at an I-485. But I also think if they cannot afford a lawyer, that following the VJ guides, posting on VJ when they have questions would work too.

Meanwhile they ve 33 days to file I-290B, refile, or the beneficiary can leave the USA.

My knee jerk reaction is they should refile (with an amended joint 2020 tax return now that the beneficiary has an SSN) but wanted to tap into the collective wisdom of VJ if the I-290B is worth considering here.

Thanks.

The guide says:

The above isn t what USCIS says. Instead USCIS has this general guidance:

Do not send original documents unless specifically requested in the form instructions or applicable regulations.

and this specific guidance:

5. What documents do you need to prove family relationship?
You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative listed below, submit the following documentation to prove the family relationship.
A. A spouse:
(1) A copy of your marriage certificate;
(2) If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated;

I believe experiences from VJ members support the claim that certified copies are not needed. In addition, sometimes these documents were issued from outside the USA and they are difficult to replace. Or they were issued inside the USA but several decades back and the jurisdiction can no longer produce an official and/or certified copy. Since USCIS in general does not original unsolicited certified / official aka original documents following the guide s advice could prove costly for some beneficiaries and petitioners.

Suggested new text for guide:

Says:

A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead).

I do not believe this is consistent with current rough consensus and I believe thousands of VJers have sent photo copies of marriage certificates without an RFE.

Recommended new text:

A photo copy of your marriage certificate.

Asking for someone else who is adjusting status from a K-1 visa. I will call this person Sharon.

Sharon received an RFE for her I-765.

"On Month, XX, 2020, you submitted your Form I-765, Application for Employment Authorization under category A-03. We need more information from you in order to nacre a decision on your case."

The rest of the two page RFE doesn't actually explain the error. But A-03 is for a refugee. Sharon is not a refugee. She entered the USA as a K-1 fiancee.

Based on my own K-1 wife's EAD, the correct category should have been C-09P.

So my question general question is what is the correct process for Sharon here?

Thanks.

My newborn daughter and I are USC, and my wife is non-USC. We're living in China.

There is an urgent medical reason which is requiring my family and I to move to the US. I would like to apply for an IR1 visa for my wife, via DCF.

I have reached out to the consulate in Guangzhou, our local consulate, and they informed me to submit my request via this link:

https://china.usembassy-china.org.cn/visas/immigrant-visas/contact-us/immigrant-visa-unit-question/

In this link I am given 280 characters to explain our situation.

After explaining, I receive the following response:

Quote

Dear Petitioner,

Thank you for your inquiry. If you would like to ask Consulate Guangzhou s Immigrant Visa Unit to accept an I-130 for direct filing in Guangzhou, please respond with detailed information about your situation and the background of your petition, why you would like to file directly with the Consulate, and why you are unable to file with USCIS in the United States. A consular officer will evaluate your request and respond.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General Guangzhou

This email is UNCLASSIFIED based upon the provisions of E.O. 13526 To respond to this email, use only the web form at https://china.usembassy-china.org.cn/visas/immigrant-visas/contact-us/immigrant-visa-unit-question/. E-mails sent via reply will not be received.

I responded to the email, and received an automatic reply telling me not to reply to the above email. The body of the message tells me to respond, but the signature tells me don't respond.

I then messaged the consulate via WeChat, asking them what do I put in lieu of a case number, since I don't have any case created yet. (I am trying to get in contact with a consular official to obtain a case number).

They tell me to just put '0'.

So, using 280 characters, I answer the questions asked in the above email reply.

I just received the following response:

Quote

Dear applicant,

Thank you for your inquiry. We need a case number to search our records. A case number should be a ten-digit number that starts with "GUZ" or "GZO". Please re-submit your inquiry with the correct case number using the web form at https://china.usembassy-china.org.cn/visas/immigrant-visas/contact-us/immigrant-visa-unit-question/.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General Guangzhou

This email is UNCLASSIFIED based upon the provisions of E.O. 13526 To respond to this email, use only the web form at https://china.usembassy-china.org.cn/visas/immigrant-visas/contact-us/immigrant-visa-unit-question/. E-mails sent via reply will not be received.

How do I get in contact with my consulate to make this request?

I called the emergency phone number, and was told that the number is only for US citizens, and they can't help with visas. But our medical situation relates to our newborn daughter who can't be away from her mother. I am really not sure what to do.